Jones v. Carver

Citations

• 59 Tex. 293
• 1883 Tex. LEXIS 156

Syllabus

<p>1. Description. — In a suit for specific performance of a contract in writing to convey “ a piece of land supposed to be forty acres, ” the defendant denied the agreement. Held,- that this imposed on the plaintiff the necessity of proving a valid agreement, although the statute of frauds was not directly invoked as a defense, and such a contract was void for uncertainty, there being neither allegation or proof of fraud or mistake in its execution.</p> <p>2. Parol evidence.— Parol evidence is inadmissible to aid a description of land so uncertain and defective.</p> <p>3. Specific performance.— Specific performance of an agreement for the conveyance of land resting in parol will not be enforced, unless the whole or the greater part of the purchase money has been paid, and equitable reasons, in addition, can be shown. Evidence that the greater part of the purchase money was paid by one who afterwards cut all the timber from the land, paid taxes, and claimed to have purchased it, will not of itself authorize a decree for a specific performance of a parol agreement to convey it to him. -</p> <p>4. Same:— Nor will specific performance be decreed, of any agreement, unless the parties have described the land to be conveyed in their agreement, or unless it furnishes the means by which it can be identified with reasonable certainty; following Story’s Equity, 767, and many cases to the like effect.</p>